Owners of Ground v. Mayor of Albany
New York Supreme Court
Streets and public squares. In June, 1834, the common council of the city of Albany directed the opening of a public square between Pine and Steuben streets.
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Streets and public squares. In June, 1834, the common council of the city of Albany directed the opening of a public square between Pine and Steuben streets. A notice was published according to the requirements of the. statute, Laws of 1826, page 203, § 54, specifying the ground required, and the time and place at which the damages and recompense to the owners thereof would be enquired into and assessed, and the damages apportioned amongst the owners of ground to be benefited. An inquisition of a jury empannelled for the purpose was made and returned, but set aside on the ground of the…
1Opinion of the Court
By the Court,
Savage, Ch. J.
The- plaintiffs’ counsel make two points: 1. That the proceedings were unconstitutional and void ; 2. If not unconstitutional, they were illegal and should be set aside.
First. It is alleged that the proceedings are unconstitutional, because no notice was given to Richard D. Betts,'who was assessed $41,20 as the owner of ground benefited. Itis admitted that no personal notice was served on Mr. Betts nor any notice, except a general notice published in the newspaper printed by the state printer, that a certain piece of ground, describing it, was required for a public…
2Cited by49 opinions
- Shoemaker v. United StatesSupreme Court of the United States · 1893
- Brooklyn Park Commissioners v. ArmstrongNew York Court of Appeals · 1871
- People Ex Rel. Griffin v. Mayor of BrooklynNew York Court of Appeals · 1851
- B. & O. Railroad v. P. W. & Ky. RailroadWest Virginia Supreme Court · 1881
- City of Bridgeport v. New York & New Haven RailroadSupreme Court of Connecticut · 1869
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